A guardian's authority and responsibility terminate upon the death, resignation or removal of the guardian or upon the minor's death, adoption, emancipation, marriage or attainment of majority, but termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for money and property of the protected person. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
History: 1953 Comp., § 32A-5-210, enacted by Laws 1975, ch. 257, § 5-210; 2009, ch. 159, § 30; 2011, ch. 124, § 56.
Compiler's notes. — This section includes within its scope the functions of former 32-1-42, 1953 Comp.
Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978.
The 2011 amendment, effective January 1, 2012, provides that a guardian's authority and responsibility terminate upon the emancipation of a minor.
The 2009 amendment, effective June 19, 2009, deleted "his ward" and added "the protected person".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward §§ 36 to 40, 48.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-201 - Appointment and status of guardian of minor; general.
Section 45-5-202 - Parental appointment of guardian of minor.
Section 45-5-203 - Objection by minor of fourteen or older to parental appointment.
Section 45-5-204 - Court appointment of guardian of minor; conditions for appointment.
Section 45-5-205 - Court appointment of guardian of minor; venue.
Section 45-5-205.1 - Recompiled.
Section 45-5-207 - Court appointment of guardian of minor; notice; procedure.
Section 45-5-208 - Consent to service by acceptance of appointment; notice.
Section 45-5-209 - Powers and duties of guardian of minor.
Section 45-5-210 - Termination of appointment of guardian; general.
Section 45-5-211 - Proceedings subsequent to appointment; venue.
Section 45-5-212 - Resignation, removal and other post-appointment proceedings.